DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 15, 20-24, and 27-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/9/2026.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
NOTE: the limitation of “ internal components and/or design features which give the fluid flowing in the main flow direction a swirl in a circumferential direction of the flow duct” in claim 14, does not invoke 112th six paragraph because the generic place holder “internal component and/or design features” is modified with sufficient structure to entirely perform the recited function. Applicant describes in the specification (paragraph 7) that the sufficient structure is a baffle plate extending transversely to the main flow direction, and wherein the partition wall is provided with fluid passages openings, through which the fluid introduced into the first subduct is passed into the second subduct. (this structure is also claimed in claim 14).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-17 and 32-33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 16, the limitation of “a baffle plate extending transversely to the main flow direction” at line 6, renders the scope of the claim indefinite since the limitation of “a baffle plate extending transversely to the main flow direction and wherein the partition wall is provided with fluid passage openings, through which the fluid introduced into the first subduct is passed into the second subduct” in claim 16 does not further limit the scope of the claim but is a mere duplication of a limitation ““a baffle plate extending transversely to the main flow direction and wherein the partition wall is provided with fluid passage openings, through which the fluid introduced into the first subduct is passed into the second subduct” already cited in claim 14.
Claim 16 recites the limitation "the first, central, subduct” in line 4. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the first, central, subduct” to “a first subduct” recited in claim 14.
Claim 16 recites the limitation "the partition walls” in line 7. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the partition walls” to “a respective partition wall” in line 4.
Claim 33 recites the limitation "a first partition walls” and “a second partition wall” in lines 2 and 4. There are insufficient antecedent bases for these limitations in the claim. It is not clear whether “a first partition wall” and “a second partition wall” are additional walls to a “a partition wall” cited in line 9 of claim 14 or refers to the “partition walls” cited in claim 16.
Claims 14, 16-19, 25-26 and 31-33 are further rejected as can be best understood by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 14, 16, 18, 19, 25 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tissot J et al. (CN 110168304A). Regarding claim 14, Tissot J et al discloses (figures 1-5) a heat exchanger comprising at least one elongated flow duct (7), through which a fluid passed during operation in a main flow direction corresponding to a longitudinal extent (A1) of the flow duct, wherein the at least one elongated flow duct (7) has internal component and/or design features (14,17) which give the fluid flowing in the main flow direction a swirl in a circumferential direction of the flow duct (the fluid is swirled as it exits through orifices 17 with an angle and around to exit at 24, see figures 4 or 5), wherein the at least one elongated flow duct is designed as a tubular conduit and is divided, at least in some region or regions, into at least two subducts (first subduct is chamber within 14 and the second subduct is chamber between 14 and 19, shown in figure 5) extending parallel to one another in the main flow direction, between which there extends a partition wall (14), wherein a first subduct (chamber within 14) is provided downstream (downstream relative to the inlet 10), and a second subduct (chamber 22) is provided upstream (upstream relative to the outlet 24), with a baffle plate (16,16’, see figures 1 and 3) extending transversely to the main flow direction, and wherein the partition wall (14) is provided with fluid passage openings (17), through which the fluid introduced into the first subduct is passed into the second subduct.
Regarding claim 16, Tissot discloses that wherein the at least one elongated flow duct (7) is divided, at least in some region or regions, into three subducts extending parallel to one another in the main flow direction, between which there extends a respective partition wall (14), wherein the first, central, subduct (chamber within 14) is provided downstream (relative to the inlet 10e) and the second subduct (22) and a third subduct (chamber 9, between 19 and inner wall of 7) are each provided upstream (upstream relative to the outlet 24), with a baffle plate (16’) extending transversely to the main flow direction, and wherein the partition walls (14,19) are provided with fluid passage openings (17,20), through which the fluid introduced into the first subduct is passed into the second subduct and into the third subduct while being subjected to a swirl.
Regarding claim 18, Tissot et al. further discloses (figures 1-2) that the baffle plate ( end plate 16, 16’ which is also end wall of flow duct 17, paragraph 105) of the first subduct is provided with a least one through hole or with at least one through slot (11).
Regarding claim 19, Tissot et al. further discloses (paragraph 120) that the fluid passage openings (17) are arranged spaced apart from one another in the main flow direction, and/or wherein a distance (D4) between adjacent fluid passage openings increases progressively downstream (see paragraph 120).
Regarding claim 25, Tissot further discloses (figure 1) a heat pump comprising at least one heat exchanger as claimed in claim 14.
Regarding claim 26, Tissot further discloses (figure 2) that heat exchanger comprises a tubular heat exchanger, a tube bundle heat exchanger (tube bundle 5 with tubes 12 and fin 13), a finned tube heat exchanger or a plate heat exchanger.
Claims 14, 18, 19, 25, 26 and 31 are is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Haussman Roland (US 6,199,401). Regarding claim 14, Haussman discloses (figures 1-5) a heat exchanger comprising at least one elongated flow duct (28), through which a fluid passed during operation in a main flow direction corresponding to a longitudinal extent of the flow duct, wherein the at least one elongated flow duct (28) has internal component and/or design features (56,60) which give the fluid flowing in the main flow direction a swirl in a circumferential direction of the flow duct (figures 2-4), wherein the at least one elongated flow duct is designed as a tubular conduit (28) and is divided, at least in some region or regions, into at least two subducts (chamber within 56 and chamber between 56 and 28) extending parallel to one another in the main flow direction, between which there extends a partition wall (wall of 56), wherein a first subduct (chamber within 56) is provided downstream (downstream relative to the inlet 14), and a second subduct (chamber between 56 and 28) is provided upstream (upstream relative to the outlet 4), with a baffle plate (62) extending transversely to the main flow direction, and wherein the partition wall (56) is provided with fluid passage openings (60), through which the fluid introduced into the first subduct is passed into the second subduct.
Regarding claims 18 and 31, Haussman Roland. further discloses (figure 5) that the baffle plate ( 62) of the first subduct is provided with a least one through hole or with two through circular slot (openings of 62 connected with openings of 96, see figure 5).
Regarding claim 19, Haussman further discloses (figure 4) that the fluid passage openings (60) are arranged spaced apart from one another in the main flow direction.
Regarding claim 25, Haussman further discloses (figure 1 and column 4, lines 1-7) a heat pump comprising at least one heat exchanger as claimed in claim 14.
Regarding claim 26, Haussman further discloses (figure 1) that heat exchanger comprises a tubular heat exchanger, a tube bundle heat exchanger (tube 12 and fin 8), a finned tube heat exchanger or a plate heat exchanger.
Allowable Subject Matter
Claims 17, 32 and 33 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record either taken singularly or in combination fail to disclose the invention as claimed. In particular, references to Haussman and Tissot et al. are the closest prior art but fail to disclose that the first subduct has a rectangular or square cross section, and wherein the second and third subducts each have a semicircular cross-section.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (WO 2020113988A1) discloses a header assembly.
Brodie et al. (US 20090107171A1) discloses an evaporator unit.
Chang et al. (WO 2023284388A1) discloses an eddy current heat exchange apparatus.
Taras et al. (US 7,806,171) discloses a parallel flow evaporator.
Wang et al. (US 2008/0190593A1) discloses a shell tube heat exchanger.
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/THO V DUONG/Primary Examiner, Art Unit 3763